Indianacourthousebadtenants.jpg
Indiana

Welcome to legal pages for Underground Landlord for the great state of Indiana!

Indianasealbadrenterstenantscreening.jpg

IC 32-31 ARTICLE 31. LANDLORD- TENANT RELATIONS

  • Ch. 1. General Provisions

  • Ch. 2. Recording Leases Longer Than Three Years

  • Ch. 2.9. Application of Residential Landlord-Tenant Statutes

  • Ch. 3. Security Deposits

  • Ch. 4. Moving and Storage of Tenant's Property

  • Ch. 5. Rental Agreements; Right of Access

  • Ch. 6. Emergency Possessory Orders

  • Ch. 7. Tenant Obligations

  • Ch. 8. Landlord Obligations Under a Rental Agreement

  • Ch. 9. Rights of Tenants Who Are Victims of Certain Crime

tenantblacklistindiana.jpg

Links to Legal Pages Based on State

IC 32-31-1 Chapter 1. General Provisions

  • 32-31-1-1 Determination of estates at will

  • 32-31-1-2 Creation of tenancy at will month to month

  • 32-31-1-3 Determination of year to year tenancy

  • 32-31-1-4 Notice; determination of tenancy

  • 32-31-1-5 Form; notice determining tenancy from year to year

  • 32-31-1-6 Rent; refusal or neglect to pay

  • 32-31-1-7 Forms; notice to quit; failure or refusal to pay rent

  • 32-31-1-8 Notice to quit; when not necessary

  • 32-31-1-9 Service of notices

  • 32-31-1-10 Conveyance by landlord

  • 32-31-1-11 Attornment of tenant to stranger

  • 32-31-1-12 Sublessees; remedy against landlord

  • 32-31-1-13 Alienees of lessors and lessees; remedies

  • 32-31-1-14 Rents; land granted for life

  • 32-31-1-15 Rents; dependency on life of another; recovery of arrears

  • 32-31-1-16 Rents; executors and administrators; remedies and liabilities

  • 32-31-1-17 Occupant without special contract; liability for rent

IC 32-31-2 Chapter 2. Recording Leases Longer Than Three Years

 

  • 32-31-2-1 Necessity of recording

  • 32-31-2-2 Failure to record lease; effect

IC 32-31-2.9 Chapter 2.9. Application of Residential Landlord-Tenant

Statutes

  • 32-31-2.9-1 Application of definitions

  • 32-31-2.9-2 "Residential landlord-tenant statute"

  • 32-31-2.9-3 Applicability of residential landlord-tenant statutes

  • 32-31-2.9-4 Inapplicability of residential landlord-tenant statutes

  • 32-31-2.9-5 Application of other statutes

IC 32-31-3 Chapter 3. Security Deposits

  • 32-31-3-1 Repealed

  • 32-31-3-1.1 Validity of certain rental agreements

  • 32-31-3-2 "Cooperative housing association" defined

  • 32-31-3-3 "Landlord" defined

  • 32-31-3-4 "Owner" defined

  • 32-31-3-5 "Person" defined

  • 32-31-3-6 "Rent" defined

  • 32-31-3-7 "Rental agreement" defined

  • 32-31-3-8 "Rental unit" defined

  • 32-31-3-9 "Security deposit" defined

  • 32-31-3-10 "Tenant" defined

  • 32-31-3-11 Jurisdiction of courts

  • 32-31-3-12 Return of deposits; deductions; liability

  • 32-31-3-13 Use of deposits

  • 32-31-3-13.5 Use of motor vehicle liens as security

  • 32-31-3-14 Notice of damages; refund of remaining deposits

  • 32-31-3-15 Remittance of full deposit

  • 32-31-3-16 Liability for withheld deposits

  • 32-31-3-17 Waiver of chapter

  • 32-31-3-18 Disclosure of managers and agents

  • 32-31-3-19 Sale of property; liability for deposits; exception

IC 32-31-4 Chapter 4. Moving and Storage of Tenant's Property

  • 32-31-4-1 "Exempt property" defined

  • 32-31-4-1.5 "Storage facility" defined

  • 32-31-4-2 Liability; abandoned property; court order allowing removal by landlord

  • 32-31-4-3 Delivery to warehouseman or storage facility after notice to tenant; release of

  • exempt property

  • 32-31-4-4 Lien on nonexempt property for expenses incurred by warehouseman or

  • storage facility

  • 32-31-4-5 Sale of unclaimed property

IC 32-31-5 Chapter 5. Rental Agreements; Right of Access

  • 32-31-5-1 Applicability of chapter

  • 32-31-5-2 Applicability of definitions

  • 32-31-5-3 "Dwelling unit" defined

  • 32-31-5-4 Written notice required to modify rental agreement

  • 32-31-5-5 Tenant's personal property

  • 32-31-5-6 Landlord prohibited from interfering with access, possession, or essential

  • services; unit entry by landlord

  • 32-31-5-7 Written acknowledgement by tenant

IC 32-31-6 Chapter 6. Emergency Possessory Orders

  • 32-31-6-1 Applicability of definitions

  • 32-31-6-2 Small claims jurisdiction

  • 32-31-6-3 Eligibility to file petition

  • 32-31-6-4 Petition requirements

  • 32-31-6-5 Court review; emergency hearing

  • 32-31-6-6 Emergency order

  • 32-31-6-7 Waste

  • 32-31-6-8 Summons; court procedure

  • 32-31-6-9 Subsequent hearing

  • 32-31-6-10 Other claims

IC 32-31-7 Chapter 7. Tenant Obligations

  • 32-31-7-1 Application

  • 32-31-7-2 Applicability of definitions

  • 32-31-7-3 "Rental premises" defined

  • 32-31-7-4 Effect of waiver of statute

  • 32-31-7-5 Tenant obligations

  • 32-31-7-6 Condition of rental premises upon termination of occupancy

  • 32-31-7-7 Landlord's cause of action to enforce tenant obligations

IC 32-31-8 Chapter 8. Landlord Obligations Under a Rental Agreement

  • 32-31-8-1 Application

  • 32-31-8-2 Applicability of definitions

  • 32-31-8-3 "Rental premises" defined

  • 32-31-8-4 Effect of waiver of statute

  • 32-31-8-5 Landlord obligations

  • 32-31-8-6 Tenant's cause of action to enforce landlord obligations

  • 32-31-8-7 Owner or landlord not prohibited from refusing to rent based on reasonable

  • occupancy standard; standard for presumption of reasonableness

IC 32-31-9 Chapter 9. Rights of Tenants Who Are Victims of Certain

Crimes

  • 32-31-9-1 Application; waiver

  • 32-31-9-2 Applicability of definitions

  • 32-31-9-3 "Applicable offense"

  • 32-31-9-4 "Applicant"

  • 32-31-9-5 "Dwelling unit"

  • 32-31-9-6 "Perpetrator"

  • 32-31-9-7 "Protected individual"

  • 32-31-9-8 Lease protections; prohibition of retaliation by landlord

  • 32-31-9-9 Change of lock requirements

  • 32-31-9-10 Change of lock requirements if a court issues a protection or restraining order

  • 32-31-9-11 Reimbursement for lock changes; key requirements

  • 32-31-9-12 Termination of rental agreements by protected individuals; written notices;

  • liability

  • 32-31-9-13 Rights and obligations of other adult tenants

  • 32-31-9-14 Liability of a perpetrator who is a tenant

  • 32-31-9-15 Landlord or agent liability

List of Cities and Towns in Indiana!

  • Advance, IN

  • Akron, IN

  • Albany, IN

  • Albion, IN

  • Alexandria, IN

  • Amboy, IN

  • Amo, IN

  • Anderson, IN

  • Andrews, IN

  • Angola, IN

  • Arcadia, IN

  • Argos, IN

  • Ashley, IN

  • Atlanta, IN

  • Attica, IN

  • Auburn, IN

  • Aurora, IN

  • Austin, IN

  • Avilla, IN

  • Avon, IN

  • Bainbridge, IN

  • Bargersville, IN

  • Batesville, IN

  • Battle Ground, IN

  • Bedford, IN

  • Beech Grove, IN

  • Berne, IN

  • Beverly Shores, IN

  • Bicknell, IN

  • Birdseye, IN

  • Bloomfield, IN

  • Bloomingdale, IN

  • Bloomington, IN

  • Bluffton, IN

  • Boonville, IN

  • Borden, IN

  • Boswell, IN

  • Bourbon, IN

  • Brazil, IN

  • Bremen, IN

  • Bristol, IN

  • Brook, IN

  • Brooklyn, IN

  • Brookston, IN

  • Brookville, IN

  • Brownsburg, IN

  • Brownstown, IN

  • Bruceville, IN

  • Bryant, IN

  • Buffalo, IN

  • Bunker Hill, IN

  • Burlington, IN

  • Burnettsville, IN

  • Butler, IN

  • Cambridge City, IN

  • Camden, IN

  • Campbellsburg, IN

  • Cannelton, IN

  • Carbon, IN

  • Carlisle, IN

  • Carmel, IN

  • Carthage, IN

  • Cayuga, IN

  • Cedar Lake, IN

  • Centerpoint, IN

  • Centerville, IN

  • Chalmers, IN

  • Chandler, IN

  • Charlestown, IN

  • Chesterton, IN

  • Chrisney, IN

  • Churubusco, IN

  • Cicero, IN

  • Clarks Hill, IN

  • Clarksville, IN

  • Clay City, IN

  • Claypool, IN

  • Clayton, IN

  • Clear Creek, IN

  • Clifford, IN

  • Clinton, IN

  • Cloverdale, IN

  • Coatesville, IN

  • Colfax, IN

  • Columbia City, IN

  • Columbus, IN

  • Connersville, IN

  • Converse, IN

  • Corunna, IN

  • Corydon, IN

  • Covington, IN

  • Crane, IN

  • Crawfordsville, IN

  • Cromwell, IN

  • Crothersville, IN

  • Crown Point, IN

  • Culver, IN

  • Cynthiana, IN

  • Dale, IN

  • Daleville, IN

  • Dana, IN

  • Danville, IN

  • Darlington, IN

  • Dayton, IN

  • Decatur, IN

  • Decker, IN

  • Delphi, IN

  • Demotte, IN

  • Denver, IN

  • Dillsboro, IN

  • Dublin, IN

  • Dugger, IN

  • Dunkirk, IN

  • Dupont, IN

  • Dyer, IN

  • Earl Park, IN

  • East Chicago, IN

  • Eaton, IN

  • Edinburgh, IN

  • Edwardsport, IN

  • Elberfeld, IN

  • Elizabethtown, IN

  • Elkhart, IN

  • Ellettsville, IN

  • Elnora, IN

  • Elwood, IN

  • English, IN

  • Etna Green, IN

  • Evansville, IN

  • Fairland, IN

  • Fairmount, IN

  • Farmersburg, IN

  • Farmland, IN

  • Ferdinand, IN

  • Fillmore, IN

  • Fishers, IN

  • Flora, IN

  • Fort Branch, IN

  • Fort Wayne, IN

  • Fortville, IN

  • Fountain City, IN

  • Fowler, IN

  • Fowlerton, IN

  • Francesville, IN

  • Francisco, IN

  • Frankfort, IN

  • Franklin, IN

  • Frankton, IN

  • Fremont, IN

  • French Lick, IN

  • Fulton, IN

  • Galveston, IN

  • Garrett, IN

  • Gary, IN

  • Gas City, IN

  • Gaston, IN

  • Geneva, IN

  • Gentryville, IN

  • Georgetown, IN

  • Glenwood, IN

  • Goodland, IN

  • Goshen, IN

  • Gosport, IN

  • Grabill, IN

  • Grandview, IN

  • Granger, IN

  • Greencastle, IN

  • Greenfield, IN

  • Greens Fork, IN

  • Greensburg, IN

  • Greentown, IN

  • Greenville, IN

  • Greenwood, IN

  • Griffith, IN

  • Grissom Arb, IN

  • Hagerstown, IN

  • Hamilton, IN

  • Hamlet, IN

  • Hammond, IN

  • Hanover, IN

  • Hardinsburg, IN

  • Harmony, IN

  • Hartford City, IN

  • Hartsville, IN

  • Haubstadt, IN

  • Hazleton, IN

  • Hebron, IN

  • Henryville, IN

  • Highland, IN

  • Hillsboro, IN

  • Hobart, IN

  • Holland, IN

  • Holton, IN

  • Hope, IN

  • Hudson, IN

  • Huntertown, IN

  • Huntingburg, IN

  • Huntington, IN

  • Hymera, IN

  • Indianapolis, IN

  • Ingalls, IN

  • Jamestown, IN

  • Jasonville, IN

  • Jasper, IN

  • Jeffersonville, IN

  • Jonesboro, IN

  • Jonesville, IN

  • Kempton, IN

  • Kendallville, IN

  • Kennard, IN

  • Kentland, IN

  • Kewanna, IN

  • Kingman, IN

  • Kingsbury, IN

  • Kingsford Heights, IN

  • Kirklin, IN

  • Knightstown, IN

  • Knightsville, IN

  • Knox, IN

  • Kokomo, IN

  • Kouts, IN

  • La Crosse, IN

  • La Fontaine, IN

  • Ladoga, IN

  • Lafayette, IN

  • Lagrange, IN

  • Lagro, IN

  • Lake Station, IN

  • Lake Village, IN

  • Lakeville, IN

  • Lanesville, IN

  • Lapel, IN

  • Larwill, IN

  • Laurel, IN

  • Lawrenceburg, IN

  • Leavenworth, IN

  • Lebanon, IN

  • Leesburg, IN

  • Leo, IN

  • Lewisville, IN

  • Liberty, IN

  • Ligonier, IN

  • Linden, IN

  • Linton, IN

  • Lizton, IN

  • Logansport, IN

  • Loogootee, IN

  • Losantville, IN

  • Lowell, IN

  • Lynn, IN

  • Lynnville, IN

  • Lyons, IN

  • Macy, IN

  • Madison, IN

  • Marengo, IN

  • Marion, IN

  • Markle, IN

  • Markleville, IN

  • Marshall, IN

  • Martinsville, IN

  • Matthews, IN

  • Mc Cordsville, IN

  • Mecca, IN

  • Medaryville, IN

  • Medora, IN

  • Mellott, IN

  • Memphis, IN

  • Mentone, IN

  • Merom, IN

  • Merrillville, IN

  • Mexico, IN

  • Michigan City, IN

  • Michigantown, IN

  • Middlebury, IN

  • Middletown, IN

  • Milan, IN

  • Milford, IN

  • Millersburg, IN

  • Milltown, IN

  • Milton, IN

  • Mishawaka, IN

  • Mitchell, IN

  • Modoc, IN

  • Monon, IN

  • Monroe City, IN

  • Monroe, IN

  • Monroeville, IN

  • Monrovia, IN

  • Monterey, IN

  • Montezuma, IN

  • Montgomery, IN

  • Monticello, IN

  • Montpelier, IN

  • Mooreland, IN

  • Moores Hill, IN

  • Mooresville, IN

  • Morgantown, IN

  • Morocco, IN

  • Morristown, IN

  • Mount Summit, IN

  • Mulberry, IN

  • Muncie, IN

  • Munster, IN

  • Napoleon, IN

  • Nappanee, IN

  • Nashville, IN

  • New Albany, IN

  • New Carlisle, IN

  • New Castle, IN

  • New Harmony, IN

  • New Haven, IN

  • New Market, IN

  • New Palestine, IN

  • New Paris, IN

  • New Point, IN

  • New Richmond, IN

  • New Ross, IN

  • New Washington, IN

  • Newberry, IN

  • Newburgh, IN

  • Newport, IN

  • Noblesville, IN

  • North Judson, IN

  • North Liberty, IN

  • North Manchester, IN

  • North Salem, IN

  • North Vernon, IN

  • North Webster, IN

  • Oakland City, IN

  • Oaktown, IN

  • Odon, IN

  • Oldenburg, IN

  • Oolitic, IN

  • Orestes, IN

  • Orland, IN

  • Orleans, IN

  • Osceola, IN

  • Osgood, IN

  • Ossian, IN

  • Otterbein, IN

  • Owensville, IN

tenantscreeningbadtenantsindianaseal.jpg

IC 32-31-1-1 Determination of estates at will Sec. 1.

 

(a) A tenancy at will may be determined by a one (1) month notice in writing, delivered to the tenant.

 

(b) A tenancy at will cannot arise or be created without an express contract. [Pre-2002 Recodification Citations: 32-7-1-1; 32-7-1-2 part.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-2 Creation of tenancy at will month to month Sec. 2.

 

A general tenancy in which the premises are occupied by the express or constructive consent of the landlord is considered to be a tenancy from month to month. However, this section does not apply to land used for agricultural purposes. [Pre-2002 Recodification Citation: 32-7-1-2 part.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-3 Determination of year-to-year tenancy Sec. 3.

 

A tenancy from year to year may be determined by a notice given to the tenant not less than three (3) months before the expiration of the year. [Pre-2002 Recodification Citation: 32-7-1-3 part.] As added by P.L.2-2002, SEC.16.

IC 32-31-1-4 Notice; determination of tenancy Sec. 4.

 

(a) This section applies to a tenancy of not more than three (3) months which, by express or implied agreement of the parties, extends from one (1) period to another.

 

(b) Notice to the tenant equal to the interval between the periods is sufficient to determine a tenancy described in subsection (a). [Pre-2002 Recodification Citation: 32-7-1-3 part.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-5 Form; notice determining tenancy from year to year Sec. 5.

 

The following form of notice may be used to terminate a tenancy from year to year: (insert date here) To (insert name of tenant here): You are notified to vacate at the expiration of the current year of tenancy the following property: (insert description of property here). (insert name of landlord here) [Pre-2002 Recodification Citation: 32-7-1-4.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-6 Rent; refusal or neglect to pay Sec. 6.

 

If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless:

 

(1) the parties otherwise agreed; or

 

(2) the tenant pays the rent in full before the notice period expires. [Pre-2002 Recodification Citation: 32-7-1-5.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-7 Forms; notice to quit; failure or refusal to pay rent Sec. 7.

 

The following form of notice may be used when a tenant fails or refuses to pay rent: (insert date here) To (insert name of tenant here): You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days: (insert description of property here). (insert name of landlord here) [Pre-2002 Recodification Citation: 32-7-1-6.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-8 Notice to quit; when not necessary Sec. 8.

 

Notice is not required to terminate a lease in the following situations:

 

(1) The landlord agrees to rent the premises to the tenant for a specified period of time.

 

(2) The time for the determination of the tenancy is specified in the contract.

 

(3) A tenant at will commits waste.

 

(4) The tenant is a tenant at sufferance.

 

(5) The express terms of the contract require the tenant to pay the rent in advance, and the tenant refuses or neglects to pay the rent in advance.

 

(6) The landlord-tenant relationship does not exist. [Pre-2002 Recodification Citation: 32-7-1-7.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-9 Service of notices Sec. 9. (

 

a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.

 

(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.

 

(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises. [Pre-2002 Recodification Citation: 32-7-1-8.] As added by P.L.2-2002, SEC.16.

IC 32-31-1-10 Conveyance by landlord Sec. 10.

 

A conveyance by a landlord of real estate or of any interest in the real estate is valid without the attornment of the tenant. If the tenant pays rent to the landlord before the tenant receives notice of the conveyance, the rent paid to the landlord is good against the grantee. [Pre-2002 Recodification Citation: 32-7-1-9.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-11 Attornment of tenant to stranger Sec. 11.

 

The attornment of a tenant to a stranger is void and does not affect the possession of the landlord unless: (1) the landlord consents to the attornment; or (2) the attornment is made under a judgment at law or the order or decree of a court. [Pre-2002 Recodification Citation: 32-7-1-10.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-12 Sublessees; remedy against landlord Sec. 12.

 

A sublessee has the same remedy under the original lease against the chief landlord as the sublessee would have had against the immediate lessor. [Pre-2002 Recodification Citation: 32-7-1-11.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-13 Alienees of lessors and lessees; remedies Sec. 13.

 

An alienee of a lessor or lessee of land has the same legal remedies in relation to the land as the lessor or lessee. [Pre-2002 Recodification Citation: 32-7-1-12.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-14 Rents; land granted for life Sec. 14.

 

Rents from lands granted for life or lives may be recovered as other rents. [Pre-2002 Recodification Citation: 32-7-1-13.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-15 Rents; dependency on life of another; recovery of arrears Sec. 15

 

. A person entitled to rents dependent on the life of another person may recover arrears unpaid at the death of the other person. [Pre-2002 Recodification Citation: 32-7-1-14.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-16 Rents; executors and administrators; remedies and liabilities Sec. 16

 

. An executor or administrator of the estate of a decedent, whether a testator or intestate: (1) has the same remedies to recover rents; and (2) is subject to the same liabilities to pay rents; as the decedent. [Pre-2002 Recodification Citation: 32-7-1-15.] As added by P.L.2-2002, SEC.16.

IC 32-31-1-17 Occupant without special contract; liability for rent Sec. 17.

 

An occupant of land without special contract is liable for the rent to any person entitled to receive the rent. [Pre-2002 Recodification Citation: 32-7-1-16.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-18 Death of life tenant demising land; recovery of rent Sec. 18.

 

If a life tenant who has demised any lands dies on or after the day on which rent is due and payable, the executor or administrator of the life tenant's estate may recover from the under tenant the whole rent due. If the life tenant dies before the day on which rent is due: (1) the executor or administrator of the life tenant's estate may recover the proportion of rent that accrued before; and (2) the remainderman may recover the proportion of rent that accrued after; the life tenant's death. [Pre-2002 Recodification Citation: 32-7-1-17.] As added by P.L.2-2002, SEC.16. Amended by P.L.1-2003, SEC.86.

 

IC 32-31-1-19 Crop paid as rent Sec. 19.

 

(a) In a case where a tenant agrees under contract to pay as rent:

(1) a part of the crop raised on the leased premises;

 

(2) rent in kind; or

 

(3) a cash rent; the landlord may have a lien on the crop raised under the contract for payment of the rent. If the tenant refuses or neglects to pay or deliver to the landlord the rent when it is due, the landlord may enforce the lien by selling the crop.

 

(b) A landlord who desires to acquire a lien on a crop raised under a contract on leased premises must file a financing statement under IC 26-1-9.1-501 at least thirty (30) days before the crop matures and during the year in which the crop is grown. The financing statement must:

 

(1) give notice of the landlord's intention to hold a lien upon the crop for the amount of rent due;

 

(2) specifically set forth the amount claimed; and

 

(3) describe the lands on which the crop is being grown with sufficient precision to identify the lands.

 

(c) A lien created under this section relates to the time of filing and has priority over all liens created thereafter. However, a tenant may, after giving written notice to the landlord or the landlord's agent, remove the tenant's portion of the crop from the leased premises and dispose of the tenant's portion of the crop when the rent is to be paid in part of the crop raised. If the tenant does not give written notice to the landlord, the tenant may remove not more than one-half (1/2) of the crop growing or matured. [Pre-2002 Recodification Citation:32-7-1-18.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-1-20 Privately owned real property;

 

local units prohibited from regulating rental rates unless authorized by general assembly Sec. 20.

 

(a) Subject to IC 36-1-3-8.5, this section does not apply to privately owned real property for which government funds or benefits have been allocated from the United States government, the state, or a political subdivision for the express purpose of providing reduced rents to low or moderate income tenants.

 

(b) A unit (as defined in IC 36-1-2-23) may not regulate rental rates for privately owned real property, through a zoning ordinance or otherwise, unless the regulation is authorized by an act of the general assembly. [Pre-2002 Recodification Citation: 32-7-1-19.] As added by P.L.2-2002, SEC.16. Amended by P.L.266-2017, SEC.1.

IC 32-31-1-21 Disclosure of structure in flood plain Sec. 21.

 

(a) This section applies to rental agreements entered into or renewed after June 30, 2009, for residential, agricultural, and commercial property.

 

(b) If the lowest floor of a structure, including a basement, that is the subject of a rental agreement is at or belowthe one hundred (100) year frequency flood elevation, as determined by:

 

(1) the department of natural resources;

 

(2) the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps; or

 

(3) FEMA approved local flood plain maps; the landlord shall clearly disclose in a landlord-tenant rental agreement that the structure is located in a flood plain. As added by P.L.27-2009, SEC.1. IC 32-31-1-22 Requests for law enforcement or emergency assistance; political subdivisions prohibited from imposing penalties for requests believed necessary to prevent abuse, crime, or emergency; exceptions Sec. 22.

 

(a) The definitions in IC 32-31-3 apply throughout this section.

 

(b) As used in this section, "penalty" refers to any of the following:

 

(1) The assessment of a penalty, fine, or fee.

 

(2) Actual or threatened eviction from a rental unit, or the causing of an actual or threatened eviction from a rental unit.

 

(c) As used in this section, "political subdivision" has the meaning set forth in IC 36-1-2-13. (

 

d) Except as provided in subsection (e), a political subdivision may not adopt or enforce any ordinance, rule, or regulation that imposes a penalty, or allows for the imposition of a penalty, against a tenant, an owner, or a landlord for a contact made to request law enforcement assistance or other emergency assistance for one (1) or more rental units if:

 

(1) the contact is made by or on behalf of:

(A) a victim or potential victim of abuse;

(B) a victim or potential victim of a crime; or

(C) an individual in an emergency; and

 

(2) either of the following applies:

(A) At the time the contact is made, the person making the contact reasonably believes that law enforcement assistance or other emergency assistance is necessary to prevent the perpetration or escalation of abuse, a crime, or an emergency.

(B) If abuse, a crime, or an emergency occurs, the law enforcement assistance or other emergency assistance was needed.

 

(e) Subject to subsections (f) and (g), thissection does not prohibit a political subdivision from adopting or enforcing an ordinance, a rule, or a regulation that imposes a penalty for a contact that: (

 

1) is made to request law enforcement assistance or other emergency assistance; and

 

(2) is not made by or on behalf of:

(A) a victim or potential victim of abuse;

(B) a victim or potential victim of a crime; or

(C) an individual in an emergency.

(f) If a political subdivision:

 

(1) imposes a penalty under an ordinance, a rule, or a regulation authorized by subsection (e); and

 

(2) the prohibited contact to request law enforcement assistance or other emergency assistance is made by a tenant in a rental unit; the penalty imposed must be assessed against the tenant of the rental unit and not against the landlord or owner of the rental unit.

 

(g) Any penalty that is assessed under an ordinance, a rule, or a regulation authorized by subsection (e) may not exceed two hundred fifty dollars ($250).

 

(h) Nothing in this section shall be construed to prevent a housing authority established under IC 36-7-18 from enforcing rights or remedies established by contract or federal law against a landlord or owner of a rental unit.

 

(i) Nothing in this section shall be construed to prevent an attorney representing a city, county, or town from bringing a nuisance action described under IC 32-30-6-7(b) against a landlord or owner of a rental unit. As added by P.L.266-2017, SEC.2.

  • Oxford, IN

  • Palmyra, IN

  • Paoli, IN

  • Paragon, IN

  • Parker City, IN

  • Patoka, IN

  • Patriot, IN

  • Pendleton, IN

  • Pennville, IN

  • Perrysville, IN

  • Peru, IN

  • Petersburg, IN

  • Pierceton, IN

  • Pine Village, IN

  • Pittsboro, IN

  • Plainfield, IN

  • Plainville, IN

  • Plymouth, IN

  • Poneto, IN

  • Portage, IN

  • Portland, IN

  • Poseyville, IN

  • Princeton, IN

  • Redkey, IN

  • Remington, IN

  • Rensselaer, IN

  • Reynolds, IN

  • Richmond, IN

  • Ridgeville, IN

  • Rising Sun, IN

  • Roachdale, IN

  • Roann, IN

  • Roanoke, IN

  • Rochester, IN

  • Rockport, IN

  • Rockville, IN

  • Rome City, IN

  • Rosedale, IN

  • Roselawn, IN

  • Rossville, IN

  • Royal Center, IN

  • Rushville, IN

  • Russellville, IN

  • Russiaville, IN

  • Saint Joe, IN

  • Saint John, IN

  • Saint Paul, IN

  • Salem, IN

  • Sandborn, IN

  • Santa Claus, IN

  • Saratoga, IN

  • Schererville, IN

  • Schneider, IN

  • Scottsburg, IN

  • Seelyville, IN

  • Sellersburg, IN

  • Selma, IN

  • Seymour, IN

  • Sharpsville, IN

  • Shelburn, IN

  • Shelbyville, IN

  • Sheridan, IN

  • Shipshewana, IN

  • Shirley, IN

  • Shoals, IN

  • Silver Lake, IN

  • Somerville, IN

  • South Bend, IN

  • South Whitley, IN

  • Spencer, IN

  • Spiceland, IN

  • Spurgeon, IN

  • Star City, IN

  • Staunton, IN

  • Stilesville, IN

  • Straughn, IN

  • Sullivan, IN

  • Sulphur Springs, IN

  • Summitville, IN

  • Sunman, IN

  • Swayzee, IN

  • Sweetser, IN

  • Switz City, IN

  • Syracuse, IN

  • Taylorsville, IN

  • Tell City, IN

  • Tennyson, IN

  • Terre Haute, IN

  • Thorntown, IN

  • Tipton, IN

  • Topeka, IN

  • Trafalgar, IN

  • Troy, IN

  • Union City, IN

  • Uniondale, IN

  • Universal, IN

  • Upland, IN

  • Valparaiso, IN

  • Van Buren, IN

  • Veedersburg, IN

  • Vernon, IN

  • Versailles, IN

  • Vevay, IN

  • Vincennes, IN

  • Wabash, IN

  • Wakarusa, IN

  • Walkerton, IN

  • Walton, IN

  • Wanatah, IN

  • Warren, IN

  • Warsaw, IN

  • Washington, IN

  • Waterloo, IN

  • Waveland, IN

  • Waynetown, IN

  • West Baden Springs, IN

  • West College Corner, IN

  • West Harrison, IN

  • West Lafayette, IN

  • West Lebanon, IN

  • West Terre Haute, IN

  • Westfield, IN

  • Westport, IN

  • Westville, IN

  • Wheatfield, IN

  • Wheatland, IN

  • Whiteland, IN

  • Whitestown, IN

  • Whiting, IN

  • Wilkinson, IN

  • Williams, IN

  • Williamsport, IN

  • Winamac, IN

  • Winchester, IN

  • Windfall, IN

  • Wingate, IN

  • Winona Lake, IN

  • Winslow, IN

  • Wolcott, IN

  • Wolcottville, IN

  • Woodburn, IN

  • Worthington, IN

  • Yorktown, IN

  • Zanesville, IN

  • Zionsville, IN

badtenantlawsuit.jfif

 

IC 32-31-2-1 Necessity of recording Sec.

 

1. Not more than forty-five (45) days after its execution, a lease of real estate for a period longer than three (3) years shall be recorded in the Miscellaneous Record in the recorder's office of the county in which the real estate is located. [Pre-2002 Recodification Citation: 32-7-2-1 part.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-2-2 Failure to record lease;

 

effect Sec. 2. If a lease for a period longer than three (3) years is not recorded within forty-five (45) days after its execution, the lease is void against any subsequent purchaser, lessee, or mortgagee who acquires the real estate in good faith and for valuable consideration. [Pre-2002 Recodification Citation: 32-7-2-1 part.] As added by P.L.2-2002, SEC.16.

IC 32-31-2.9-1 Application of definitions Sec. 1.

 

The definitions in IC 32-31-3 apply throughout this chapter. As added by P.L.29-2003, SEC.1.

 

IC 32-31-2.9-2 "Residential landlord-tenant statute" Sec. 2.

 

As used in this chapter, "residential landlord-tenant statute" refers to any of the following: (1) IC 32-31-3. (2) IC 32-31-4. (3) IC 32-31-5. (4) IC 32-31-6. (5) IC 32-31-7. (6) IC 32-31-8. (7) IC 32-31-9. As added by P.L.29-2003, SEC.1. Amended by P.L.22-2007, SEC.1.

 

IC 32-31-2.9-3 Applicability of residential landlord-tenant statutes Sec. 3.

 

The residential landlord-tenant statutes apply to rental agreements for dwelling units located in Indiana. As added by P.L.29-2003, SEC.1.

 

IC 32-31-2.9-4 Inapplicability of residential landlord-tenant statutes Sec. 4

 

. The residential landlord-tenant statutes do not apply to any of the following arrangements unless the arrangement was created to avoid application of the residential landlord-tenant statutes:

 

(1) Residence at a rental unit owned or operated by an institution that is directly related to detention or the provision of medical care, maternity home care, education, counseling, religious service, geriatric service, or a similar service.

 

(2) Occupancy under a contract of sale of a rental unit or the property of which the rental unit is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest. However, the residential landlord-tenant statutes apply to occupancy of a rental unit under a rental agreement described in IC 32-31-3-7(b).

 

(3) Occupancy by a member of a fraternal or social organization in the part of a structure operated for the benefit of the organization.

 

(4) Transient occupancy in a hotel, motel, or other lodging.

 

(5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises.

 

(6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

 

(7) Occupancy under a rental agreement covering property used by the occupant primarily for agricultural purposes. As added by P.L.29-2003, SEC.1. Amended by P.L.62-2008, SEC.1.

 

IC 32-31-2.9-5 Application of other statutes Sec. 5.

 

This chapter does not limit the application of a statute that is not a residential landlord-tenant statute to a residential landlord-tenant relationship if the statute would otherwise be applicable to the relationship. As added by P.L.29-2003, SEC.1.

List of Counties in Indiana

  • Adams County, IN

  • Allen County, IN

  • Barthoomew County, IN

  • Benton County, IN

  • Blackford County, IN

  • Boone County, IN

  • Brown County, IN

  • Carroll County, IN

  • Cass County, IN

  • Clark County, IN

  • Clay County, IN

  • Clinton County, IN

  • Crawford County, IN

  • Daviess County, IN

  • De Kalb County, IN

  • Dearborn County, IN

  • Decatur County, IN

  • Delaware County, IN

  • Dubois County, IN

  • Elkhart County, IN

  • Fayette County, IN

  • Floyd County, IN

  • Fountain County, IN

  • Franklin County, IN

  • Fulton County, IN

  • Gibson County, IN

  • Grant County, IN

  • Greene County, IN

  • Hamilton County, IN

  • Hancock County, IN

  • Harrison County, IN

  • Hendricks County, IN

  • Henry County, IN

  • Howard County, IN

  • Huntington County, IN

  • Jackson County, IN

  • Jasper County, IN

  • Jay County, IN

  • Jefferson County, IN

  • Jennings County, IN

  • Johnson County, IN

  • Knox County, IN

  • Koscuisko County, IN

  • Lagrange County, IN

  • Lake County, IN

  • LaPorte County, IN

  • Lawrence County, IN

  • Madison County, IN

  • Marion County, IN

  • Marshall County, IN

  • Martin County, IN

  • Miami County, IN

  • Monroe County, IN

  • Montgomery County, IN

  • Morgan County, IN

  • Newton County, IN

  • Noble County, IN

  • Ohio County, IN

  • Orange County, IN

  • Owen County, IN

  • Parke County, IN

  • Perry County, IN

  • Pike County, IN

  • Porter County, IN

  • Posey County, IN

  • Pulaski County, IN

  • Putnam County, IN

  • Randolph County, IN

  • Ripley County, IN

  • Rush County, IN

  • Saint Joseph County, IN

  • Scott County, IN

  • Shelby County, IN

  • Spencer County, IN

  • Starke County, IN

  • Steuben County, IN

  • Sullivan County, IN

  • Switzerland County, IN

  • Tippeconoe County, IN

  • Tipton County, IN

  • Union County, IN

  • Vanderburgh County, IN

  • Vermillion County, IN

  • Vigo County, IN

  • Wabash County, IN

  • Warren County, IN

  • Warrick County, IN

  • Washington County, IN

  • Wayne County, IN

  • Wells County, IN

  • White County, IN

  • Whitley County, IN

countymapindianabadrenters.jpeg

 

Common Rule of Law in Real Estate

In real estate law, real property (also known as realty, real estate, or immovable property) refers to property that is intrinsically linked to land. It also includes buildings, machines, and equipment attached to the land. In the United States, each State (with the notable exception of Louisiana) regulates and legally protects real estate primarily through common law and real estate law.

The common law and real estate law regulate the liability of an owner in regard to the safety of a third person party on their property. Within the common law, there are three different types of third parties that can be found on land. The liabilities associated for a landowner vary greatly depending on the status of the third person party. Contact real estate lawyers for legal advice and assistance.

 

Trespasser

 

A trespasser is defined in common law as a third person party that enters a property without the knowledge or invitation of a landowner for personal purposes. Landowners typically have no duty to warn adult trespassers of dangers on a property or to make their property safe for adult trespassers. Although the duty is lighter than for a licensee or an invitee, a landowner is responsible to ensure the safety of the property if the owner believes trespassers could be on the property, especially in the case of children.

In the case of child trespassers, the owner is held to a higher standard in protecting the child from harm by ensuring the safety the property. Properties that might boast features that would attract child trespassers, such as ponds or pools, are often required to ensure the safety of their property to a higher degree.

Licensee

A licensee is defined in common law as a third person party that is invited on to and remains on a property for any reason other than a commercial or business reason. Thus, a guest would be a licensee, and not an invitee. Licensees are protected more than trespassers, and the landowner owes a higher degree of duty in maintaining the safety of a property and warning licensees of the dangers on a property.

Property owners are often found liable under real estate law and common law for damage or harm to a licensee or a licensee's property if the owner neglected to ensure the safety of a known danger on the property, failed to inform the licensee of the dangers on a property, or if a licensee did not have a reasonable understanding or notice of the dangers on a property.

Invitee

An invitee is defined in common law as a third person party that is invited on to and remains on a property for business or commercial purposes that will benefit the owner of the property. These invitations could be either implicit or explicit. For example, "open" signs and open doors are both considered invitations for these purposes.

Invitees are protected with the highest regard and owners have the highest liability to this class of third person parties. If the risk of harm or damage for an invitee or an invitee's property is considered unreasonable and the unsafe conditions of the property are explicitly known and understood by the owner, the owner must protect the invitee from any harm or damage. Invitees can also be classified as public invitees in real estate law, where their presence is legitimized by the use of a land for a public purpose.

IC 32-31-3-1 Repealed [Pre-2002 Recodification Citation: 32-7-5-1.] As added by P.L.2-2002, SEC.16. Repealed by P.L.29-2003, SEC.2.

 

IC 32-31-3-1.1 Validity of certain rental agreements Sec. 1.1. Rental agreements entered into before July 1, 1989, remain valid and may be terminated, completed, consummated, or enforced as though this chapter had not been enacted. As added by P.L.16-2009, SEC.31.

 

IC 32-31-3-2 "Cooperative housing association" defined Sec. 2. As used in this chapter, "cooperative housing association" means a consumer cooperative that provides dwelling units to its members. [Pre-2002 Recodification Citation: 32-7-5-2.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-3-3 "Landlord" defined Sec. 3. As used in this chapter, "landlord" means: (1) the owner, lessor, or sublessor of a rental unit or the property of which the unit is a part; or (2) a person authorized to exercise any aspect of the management of the premises, including a person who directly or indirectly: (A) acts as a rental agent; or (B) receives rent or any part of the rent other than as a bona fide purchaser. [Pre-2002 Recodification Citation: 32-7-5-3.] As added by P.L.2-2002, SEC.16. IC

 

32-31-3-4 "Owner" defined Sec. 4. (a) As used in this chapter, "owner" means one (1) or more persons in whom is vested all or part of the legal title to property. (b) The term includes a mortgagee or contract purchaser in possession. [Pre-2002 Recodification Citation: 32-7-5-4.] As added by P.L.2-2002, SEC.16.

IC 32-31-3-5 "Person" defined Sec. 5. As used in this chapter, "person" means an individual, a corporation, an association, a partnership, a governmental entity, a trust, an estate, or any other legal or commercial entity. [Pre-2002 Recodification Citation: 32-7-5-5.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-3-6 "Rent" defined Sec. 6. As used in this chapter, "rent" includes all payments made to a landlord under a rental agreement except a security deposit, however denominated. [Pre-2002 Recodification Citation: 32-7-5-6.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-3-7 "Rental agreement" defined Sec. 7. (a) As used in this chapter, "rental agreement" means an agreement together with any modifications, embodying the terms and conditions concerning the use and occupancy of a rental unit. (b) The term includes an agreement, regardless of what the agreement is called, that satisfies the following:

 

(1) The agreement is entered into after June 30, 2008.

 

(2) The agreement provides for a rental period, explicitly or implicitly, regardless of the term of the rental period.

 

(3) The agreement contains an option to purchase. [Pre-2002 Recodification Citation: 32-7-5-7.] As added by P.L.2-2002, SEC.16. Amended by P.L.62-2008, SEC.2.

 

IC 32-31-3-8 "Rental unit" defined Sec. 8. As used in this chapter, "rental unit" means:

 

(1) a structure, or the part of a structure, that is used as a home, residence, or sleeping unit by:

 

(A) one (1) individual who maintains a household; or

 

(B) two (2) or more individuals who maintain a common household; or

 

(2) any grounds, facilities, or area promised for the use of a residential tenant, including the following:

 

(A) An apartment unit.

 

(B) A boarding house.

 

(C) A rooming house.

 

(D) A mobile home space.

 

(E) A single or two (2) family dwelling. [Pre-2002 Recodification Citation: 32-7-5-8.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-3-9 "Security deposit" defined Sec. 9.

 

(a) As used in this chapter, "security deposit" means a deposit paid by a tenant to the landlord or the landlord's agent to be held for all or a part of the term of the rental agreement to secure performance of any obligation of the tenant under the rental agreement.

 

(b) The term includes:

 

(1) a required prepayment of rent other than the first full rental payment period of the lease agreement;

 

(2) a sum required to be paid as rent in any rental period in excess of the average rent for the term; and

 

(3) any other amount of money or property returnable to the tenant on condition of return of the rental unit by the tenant in a condition as required by the rental agreement.

 

(c) The term does not include the following:

 

(1) An amount paid for an option to purchase under a lease with option to purchase, unless it is shown that the intent was to evade this chapter.

 

(2) An amount paid as a subscription for or purchase of a membership in a cooperative housing association incorporated under Indiana law. [Pre-2002 Recodification Citation: 32-7-5-9.] As added by P.L.2-2002, SEC.16.

IC 32-31-3-10 "Tenant" defined Sec. 10. As used in this chapter, "tenant" means an individual who occupies a rental unit:

 

(1) for residential purposes;

 

(2) with the landlord's consent; and

 

(3) for consideration that is agreed upon by both parties. [Pre-2002 Recodification Citation: 32-7-5-10.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-3-11 Jurisdiction of courts Sec. 11.

 

(a) The following courts have original and concurrent jurisdiction in cases arising under this chapter:

 

(1) A circuit court.

 

(2) A superior court.

 

(3) A municipal court.

 

(4) A small claims court.

 

(b) A case arising under this chapter may be filed on the small claims docket of a court that has jurisdiction. [Pre-2002 Recodification Citation: 32-7-5-11.] As added by P.L.2-2002, SEC.16. Amended by P.L.201-2011, SEC.13.

 

IC 32-31-3-12 Return of deposits; deductions; liability Sec. 12.

 

(a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to:

 

(1) the payment of accrued rent;

 

(2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and

 

(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement; all as itemized by the landlord with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a security deposit to rent.

 

(b) If a landlord fails to comply with subsection (a), a tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.

 

(c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled. (d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section. [Pre-2002 Recodification Citation: 32-7-5-12.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-3-13 Use of deposits Sec. 13. A security deposit may be used only for the following purposes:

 

(1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear.

 

(2) To pay the landlord for:

 

(A) all rent in arrearage under the rental agreement; and

 

(B) rent due for premature termination of the rental agreement by the tenant.

 

(3) To pay for the last payment period of a residential rental agreement if a written agreement between the landlord and the tenant stipulates that the security deposit will serve as the last payment of rent due.

 

(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are:

 

(A) the obligation of the tenant under the rental agreement; and

 

(B) unpaid by the tenant. [Pre-2002 Recodification Citation: 32-7-5-13.] As added by P.L.2-2002, SEC.16. IC

 

32-31-3-13.5 Use of motor vehicle liens as security Sec. 13.5. A landlord may not require, but may accept, a lien on a motor vehicle that is owned by a tenant as a security deposit or to secure the payment of rent by the tenant. If a landlord accepts a lien on a motor vehicle as security under this section, the landlord must:

 

(1) file or record the lien under IC 32-33; and

 

(2) comply with the requirements of IC 32-31-3 concerning security deposits; in order to enforce the lien. As added by P.L.47-2012, SEC.1. IC

 

32-31-3-14 Notice of damages; refund of remaining deposits Sec. 14. Not more than forty-five (45) days after the termination of occupancy, a landlord shall mail to a tenant an itemized list of damages claimed for which the security deposit may be used under section 13 of this chapter. The list must set forth: (1) the estimated cost of repair for each damaged item; and (2) the amounts and lease on which the landlord intends to assess the tenant. The landlord shall include with the list a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord. [Pre-2002 Recodification Citation: 32-7-5-14.] As added by P.L.2-2002, SEC.16. IC 32-31-3-15 Remittance of full deposit Sec. 15. Failure by a landlord to provide notice of damages under section 14 of this chapter constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit. [Pre-2002 Recodification Citation:32-7-5-15.] As added by P.L.2-2002, SEC.16. IC

 

32-31-3-16 Liability for withheld deposits Sec. 16. A landlord who fails to comply with sections 14 and 15 of this chapter is liable to the tenant in an amount equal to the part of the deposit withheld by the landlord plus reasonable attorney's fees and court costs. [Pre-2002 Recodification Citation: 32-7-5-16.] As added by P.L.2-2002, SEC.16. IC

 

32-31-3-17 Waiver of chapter Sec. 17. A waiver of this chapter by a landlord or tenant is void. [Pre-2002 Recodification Citation: 32-7-5-17.] As added by P.L.2-2002, SEC.16.

IC 32-31-3-18 Disclosure of managers and agents Sec. 18. (a) A landlord or a person authorized to enter into a rental agreement on behalf of the landlord shall disclose and furnish to the tenant in writing at or before the commencement of the rental agreement the names and addresses of the following: (1) A person residing in Indiana who is authorized to manage the dwelling unit. (2) A person residing in Indiana who is reasonably accessible to the tenant and who is authorized to act as agent for the owner for purposes of: (A) service of process; and (B) receiving and receipting for notices and demands. A person who is identified as being authorized to manage under subdivision (1) may also be identified as the person authorized to act as agent under subdivision (2). (b) This section is enforceable against any successor landlord, owner, or manager. (c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for purposes of: (1) service of process and receiving and receipting for notices and demands; and (2) performing the obligations of the landlord under law or the rental agreement. (d) If the information required by subsection (a) is not disclosed at the beginning of the rental agreement, the tenant shall be allowed any expenses reasonably incurred to discover the names and addresses required to be furnished. [Pre-2002 Recodification Citation: 32-7-5-18.] As added by P.L.2-2002, SEC.16. IC 32-31-3-19 Sale of property; liability for deposits; exceptions Sec. 19. (a) Unless otherwise agreed, if a landlord conveys, in a good faith sale to a bona fide purchaser, property that includes a dwelling unit subject to a rental agreement, the landlord is relieved of liability under law or the rental agreement as to events occurring after written notice to the tenant of the conveyance. However, for one (1) year after giving notice of the conveyance, the landlord remains liable to the tenant for the security deposit to which the tenant is entitled under section 14 of this chapter unless: (1) the purchaser acknowledges that the purchaser has assumed the liability of the seller by giving notice to the tenant; and (2) upon conveyance the seller transfers the security deposit to the purchaser. (b) Unless otherwise agreed, a manager of a dwelling unit is relieved of any liability the manager might have under law or the rental agreement as to events occurring after written notice to the tenant of the termination of the manager's management. [Pre-2002 Recodification Citation: 32-7-5-19.] As added by P.L.2-2002, SEC.16.

IC 32-31-4-1 "Exempt property" defined Sec. 1. As used in this chapter, "exempt property" means personal property that is any of the following: (1) Medically necessary for an individual. (2) Used by a tenant for the tenant's trade or business. (3) Any of the following, as necessary for the tenant or a member of the tenant's household: (A) A week's supply of seasonably necessary clothing. (B) Blankets. (C) Items necessary for the care and schooling of a minor child. [Pre-2002 Recodification Citation: 32-7-6-2(a).] As added by P.L.2-2002, SEC.16. IC 32-31-4-1.5 "Storage facility" defined Sec. 1.5. As used in this chapter, "storage facility" means any location approved by a court for storage of a tenant's personal property under section 2(e) of this chapter. As added by P.L.115-2007, SEC.1. IC 32-31-4-2 Liability; abandoned property; court order allowing removal by landlord Sec. 2. (a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant. (b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property. (c) An oral or a written rental agreement may not define abandonment differently than is provided in subsection (b). (d) If a landlord is awarded possession of a dwelling unit by a court under IC 32-30-2, the landlord may seek an order from the court allowing removal of a tenant's personal property. (e) If the tenant failsto remove the tenant's personal property before the date specified in the court's order issued under subsection (d), the landlord may remove the tenant's personal property in accordance with the order and deliver the personal property to a warehouseman under section 3 of this chapter or to a storage facility approved by the court. [Pre-2002 Recodification Citation: 32-7-6-1.] As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.2. IC 32-31-4-3 Delivery to warehouseman or storage facility after notice to tenant; release of exempt property Sec. 3. (a) If a tenant has failed to remove the tenant's personal property under section 2 of this chapter, a landlord may deliver the personal property to a warehouseman or to a storage facility if notice of both of the following has been personally served on the tenant at the last known address of the tenant: (1) An order for removal of personal property issued under section 2 of this chapter. (2) The identity and location of the warehouseman or the storage facility.  (b) At the demand of the owner of the exempt property, the warehouseman or storage facility shall release the exempt property to the owner without requiring payment from the owner at the time of delivery. (c) A waiver of the provisions of section 1 of this chapter or subsection (b) by contract or otherwise is void. [Pre-2002 Recodification Citations: 32-7-6-2(b); 32-7-6-2(c); 32-7-6-2(d).] As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.3. IC 32-31-4-4 Lien on nonexempt property for expenses incurred by warehouseman or storage facility Sec. 4. (a) A warehouseman or storage facility that receives property under this chapter holds a lien on all of that property that is not exempt property to the extent of the expenses for any of the following incurred by the warehouseman or storage facility with respect to all of the property, whether exempt or not exempt: (1) Storage. (2) Transportation. (3) Insurance. (4) Labor. (5) Present or future charges related to the property. (6) Expenses necessary for preservation of the property. (7) Expenses reasonably incurred in the lawful sale of the property. (b) A tenant may claim the tenant's property at any time until the sale of the property under section 5 of this chapter by paying the warehouseman or storage facility the expenses described in this section. [Pre-2002 Recodification Citation: 32-7-6-3.] As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.4. IC 32-31-4-5 Sale of unclaimed property Sec. 5. If a tenant does not claim the tenant's property within ninety (90) days after receiving notice under section 3 of this chapter, a warehouseman or storage facility may sell the property received under this chapter under IC 26-1-7-210(b). [Pre-2002 Recodification Citation: 32-7-6-4.] As added by P.L.2-2002, SEC.16.Amended byP.L.143-2007, SEC.77; P.L.115-2007, SEC.5.

IC 32-31-5-1 Applicability of chapter Sec. 1. (a) This chapter applies only to a rental agreement entered into or renewed after June 30, 1999. (b) This chapter applies to a landlord or tenant only if the rental agreement was entered into or renewed after June 30, 1999. (c) A waiver of this chapter by a landlord or tenant, including a former tenant, by contract or otherwise, is void. [Pre-2002 Recodification Citations: 32-7-8-1; 32-7-8-2.] As added by P.L.2-2002, SEC.16. IC 32-31-5-2 Applicability of definitions Sec. 2. Except as otherwise provided in this chapter, the definitions in IC 32-31-3 apply throughout this chapter. [Pre-2002 Recodification Citation: 32-7-8-3.] As added by P.L.2-2002, SEC.16. IC 32-31-5-3 "Dwelling unit" defined Sec. 3. (a) As used in this chapter, "dwelling unit" means a structure or part of a structure that is used as a home, residence, or sleeping unit. (b) The term includes the following: (1) An apartment unit. (2) A boarding house unit. (3) A rooming house unit. (4) Amanufactured home (as defined in IC 22-12-1-16) or mobile structure (as defined in IC 22-12-1-17) and the space occupied by the manufactured home or mobile structure. (5) A single or two (2) family dwelling. [Pre-2002 Recodification Citation: 32-7-8-4.] As added by P.L.2-2002, SEC.16. IC 32-31-5-4 Written notice required to modify rental agreement Sec. 4. Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement. [Pre-2002 Recodification Citation: 32-7-8-5.] As added by P.L.2-2002, SEC.16. IC 32-31-5-5 Tenant's personal property Sec. 5. (a) Except as provided in IC 16-41-27-29, IC 32-31-3, or IC 32-31-4, a landlord may not: (1) take possession of; (2) remove from a tenant's dwelling unit; (3) deny a tenant access to; or (4) dispose of; a tenant's personal property in order to enforce an obligation of the tenant to the landlord under a rental agreement. (b) The landlord and tenant may agree in a writing separate fromthe rental agreement that the landlord may hold property voluntarily tendered by the tenant as security in exchange for forbearance from an action to evict. [Pre-2002 Recodification Citation: 32-7-8-6.] As added by P.L.2-2002, SEC.16.

IC 32-31-5-6 Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord Sec. 6. (a) This section does not apply if the dwelling unit has been abandoned. (b) For purposes of this section, a dwelling unit is considered abandoned if: (1) the tenants have failed to: (A) pay; or (B) offer to pay; rent due under the rental agreement; and (2) the circumstances are such that a reasonable person would conclude that the tenants have surrendered possession of the dwelling unit. An oral or written rental agreement may not define abandonment differently than is provided by this subsection. (c) Except as authorized by judicial order, a landlord may not deny or interfere with a tenant's access to or possession of the tenant's dwelling unit by commission of any act, including the following: (1) Changing the locks or adding a device to exclude the tenant from the dwelling unit. (2) Removing the doors, windows, fixtures, or appliances from the dwelling unit. (3) Interrupting, reducing, shutting off, or causing termination of any of the following to a tenant: (A) Electricity. (B) Gas. (C) Water. (D) Other essential services. However, the landlord may interrupt, shut off, or terminate service as the result of an emergency, good faith repairs, or necessary construction. This subdivision does not require a landlord to pay for services described in this subdivision if the landlord has not agreed, by an oral or written rental agreement, to do so. (d) A tenant may not interrupt, reduce, shut off, or cause termination of: (1) electricity; (2) gas; (3) water; or (4) other essential services; to the dwelling unit if the interruption, reduction, shutting off, or termination of the service will result in serious damage to the rental unit. (e) A tenant may not unreasonably withhold consent to the tenant's landlord to enter the tenant's dwelling unit in order to: (1) inspect the dwelling unit; (2) make necessary or agreed to: (A) repairs; (B) decorations; (C) alterations; or (D) improvements; (3) supply necessary or agreed to services; or (4) exhibit the dwelling unit to prospective or actual: (A) purchasers; (B) mortgagees; (C) tenants; (D) workers; or (E) contractors. (f) A landlord may enter the dwelling unit: (1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and (2) without the consent of the tenant: (A) under a court order; or (B) if the tenant has abandoned or surrendered the dwelling unit. (g) A landlord: (1) shall not abuse the right of entry or use a right of entry to harass a tenant; (2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and (3) may enter a tenant's dwelling unit only at reasonable times. [Pre-2002 Recodification Citation: 32-7-8-7.] As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.6. IC 32-31-5-7 Written acknowledgement by tenant Sec. 7. (a) At the time a landlord delivers a rental unit to a tenant, the landlord shall require the tenant to acknowledge in writing that the rental unit is equipped with a functional smoke detector. (b) A landlord and a tenant may not waive, in a rental agreement or a separate writing, the requirements under IC 22-11-18-3.5 concerning smoke detectors. As added by P.L.17-2008, SEC.4.

IC 32-31-6-1 Applicability of definitions Sec. 1. The definitions in IC 32-31-3 and IC 32-31-5 apply throughout this chapter. [Pre-2002 Recodification Citation: 32-7-9-1.] As added by P.L.2-2002, SEC.16. IC 32-31-6-2 Small claims jurisdiction Sec. 2. The small claims docket of a court has jurisdiction to grant an emergency possessory order under this chapter. [Pre-2002 Recodification Citation: 32-7-9-2.] As added by P.L.2-2002, SEC.16. IC 32-31-6-3 Eligibility to file petition Sec. 3. The following may file a petition for an emergency possessory order under this chapter: (1) A tenant, if the landlord has violated IC 32-31-5-6. (2) A landlord, if the tenant has committed or threatens to commit waste to the rental unit. [Pre-2002 Recodification Citation: 32-7-9-3.] As added by P.L.2-2002, SEC.16. IC 32-31-6-4 Petition requirements Sec. 4. A petition for an order under this chapter must: (1) include an allegation specifying: (A) the violation, act, or omission caused or threatened by a landlord or tenant; and (B) The nature of the specific immediate and serious: (i) injury; (ii) loss; or (iii) damage; that the landlord or tenant has suffered or will suffer if the violation, act, or omission is not enjoined; and (2) be sworn to by the petitioner. [Pre-2002 Recodification Citation: 32-7-9-4.] As added by P.L.2-2002, SEC.16. IC 32-31-6-5 Court review; emergency hearing Sec. 5. If a tenant or a landlord petitions the court to issue an order under this chapter, the court shall immediately do the following: (1) Review the petition. (2) Schedule an emergency hearing for not later than three (3) business days after the petition is filed. [Pre-2002 Recodification Citation: 32-7-9-5.] As added by P.L.2-2002, SEC.16.

IC 32-31-6-6 Emergency order Sec. 6. (a) At the emergency hearing, if the court finds: (1) probable cause to believe that the landlord has violated or threatened to violate IC 32-31-5-6; and (2) that the tenant will suffer immediate and serious injury, loss, or damage; the court shall issue an emergency order under subsection (b). (b) If the court makes a finding under subsection (a), the court shall order the landlord to do either or both of the following: (1) Return possession of the dwelling unit to the tenant if the tenant has been deprived of possession of the dwelling unit. (2) Refrain from violating IC 32-31-5-6. (c) The court maymake other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of a party to adjudicate related claims between the parties. [Pre-2002 Recodification Citation: 32-7-9-6.] As added by P.L.2-2002, SEC.16. IC 32-31-6-7 Waste Sec. 7. (a) As used in this section, "waste" does not include failure to pay rent. (b) At the emergency hearing, if the court finds: (1) probable cause to believe that the tenant has committed or threatens to commit waste to the rental unit; and (2) that the landlord has suffered or will suffer immediate and serious: (A) injury; (B) loss; or (C) damage; the court shall issue an order under subsection (c). (c) If the court makes a finding under subsection (b), the court shall order the tenant to do either or both of the following: (1) Return possession of the dwelling unit to the landlord. (2) Refrain from committing waste to the dwelling unit. (d) The court maymake other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of a party to adjudicate related claims between the parties. [Pre-2002 Recodification Citation: 32-7-9-7.] As added by P.L.2-2002, SEC.16. IC 32-31-6-8 Summons; court procedure Sec. 8. (a) If a petition is filed under this chapter, the clerk shall issue to the respondent a summons to appear at a hearing. The summons must: (1) give notice of the date, time, and place of the hearing; and (2) inform the respondent that the respondent must appear before the court to answer the petition. (b) The clerk shall serve the respondent with the summons to appear in accordance with Rule 4.1 of the Rules of Trial Procedure. (c) The court shall not grant a continuance of the emergency hearing except upon clear and convincing evidence that manifest injustice would result if a continuance were not granted. [Pre-2002 Recodification Citation: 32-7-9-8.] As added by P.L.2-2002, SEC.16.

 

IC 32-31-6-9 Subsequent hearing Sec. 9. If the court sets a subsequent hearing under section 6(c) or 7(d) of this chapter, the court may do the following at the subsequent hearing: (1) Determine damages. (2) Order return of a tenant's withheld property. (3) Make other orders the court considers just under the circumstances. [Pre-2002 Recodification Citation: 32-7-9-9.] As added by P.L.2-2002, SEC.16. IC 32-31-6-10 Other claims Sec. 10. The adjudication of an emergency possessory claim under section 6(b) or 7(c) of this chapter does not bar a subsequent claim a party may have against the other party arising out of the landlord and tenant relationship unless that claim has been adjudicated under section 9 of this chapter. [Pre-2002 Recodification Citation: 32-7-9-10.] As added by P.L.2-2002, SEC.16.

IC 32-31-7-1 Application Sec. 1. (a) Except as provided in subsection (b), this chapter applies only to dwelling units that are let for rent under a rental agreement entered into after June 30, 2002. (b) This chapter does not apply to dwelling units that are let for rent with an option to purchase under an agreement entered into before July 1, 2008. As added by P.L.92-2002, SEC.1. Amended by P.L.62-2008, SEC.3. IC 32-31-7-2 Applicability of definitions Sec. 2. The definitions in IC 32-31-3 apply throughout this chapter. As added by P.L.92-2002, SEC.1. IC 32-31-7-3 "Rental premises" defined Sec. 3. As used in this chapter, "rental premises" includes all of the following: (1) A tenant's rental unit. (2) The structure in which the tenant's rental unit is a part. As added by P.L.92-2002, SEC.1. IC 32-31-7-4 Effect of waiver of statute Sec. 4. A waiver of the application of this chapter by a landlord or tenant, by contract or otherwise, is void. As added by P.L.92-2002, SEC.1. IC 32-31-7-5 Tenant obligations Sec. 5. A tenant shall do the following: (1) Comply with all obligationsimposed primarily on a tenant by applicable provisions of health and housing codes. (2) Keep the areas of the rental premises occupied or used by the tenant reasonably clean. (3) Use the following in a reasonable manner: (A) Electrical systems. (B) Plumbing. (C) Sanitary systems. (D) Heating, ventilating, and air conditioning systems. (E) Elevators, if provided. (F) Facilities and appliances of the rental premises. (4) Refrain from defacing, damaging, destroying, impairing, or removing any part of the rental premises. (5) Comply with all reasonable rules and regulations in existence at the time a rental agreement is entered into. A tenant shall also comply with amended rules and regulations as provided in the rental agreement. (6) Ensure that each smoke detector installed in the tenant's rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenantshall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the rental unit's electrical system, and the tenant believes that the smoke detector is not functional, the tenant shall provide notice to the landlord under IC 22-11-18-3.5(e)(2). This section may not be construed to limit a landlord's obligations under this chapter or IC 32-31-8. As added by P.L.92-2002, SEC.1. Amended by P.L.17-2008, SEC.5. IC 32-31-7-6 Condition of rental premises upon termination of occupancy Sec. 6. At the termination of a tenant's occupancy, the tenant shall deliver the rental premises to the landlord in a clean and proper condition, excepting ordinary wear and tear expected in the normal course of habitation of a dwelling unit. As added by P.L.92-2002, SEC.1. IC 32-31-7-7 Landlord's cause of action to enforce tenant obligations Sec. 7. (a) A landlord may bring an action in a court with jurisdiction to enforce an obligation of a tenant under this chapter. (b) Except as provided in subsection (c), a landlord may not bring an action under this chapter unless the following conditions are met: (1) The landlord gives the tenant notice of the tenant's noncompliance with a provision of this chapter. (2) The tenant has been given a reasonable amount of time to remedy the noncompliance. (c) If the noncompliance has caused physical damage that the landlord has repaired, the landlord shall give notice specifying the repairs that the landlord has made and documenting the landlord's cost to remedy the condition described in the notice. (d) A landlord is not required to comply with the notice requirements of this section to bring an action under subsection (a) if the tenant's occupancy of the rental premises has terminated. (e) This section may not be construed to limit a landlord's or tenant's rights under IC 32-31-3, IC 32-31-5, or IC 32-31-6. (f) If the landlord is the prevailing party in an action under this section, the landlord may obtain any of the following, if appropriate under the circumstances: (1) Recovery of the following: (A) Actual damages. (B) Attorney's fees and court costs. (2) Injunctive relief. (3) Any other remedy appropriate under the circumstances. As added by P.L.92-2002, SEC.1.

IC 32-31-8-1 Application Sec. 1. (a) Except as provided in subsection (b), this chapter applies only to dwelling units that are let for rent under a rental agreement entered into after June 30, 2002. (b) This chapter does not apply to dwelling units that are let for rent with an option to purchase under an agreement entered into before July 1, 2008. As added by P.L.92-2002, SEC.2. Amended by P.L.62-2008, SEC.4. IC 32-31-8-2 Applicability of definitions Sec. 2. The definitions in IC 32-31-3 apply throughout this chapter. As added by P.L.92-2002, SEC.2. IC 32-31-8-3 "Rental premises" defined Sec. 3. As used in this chapter, "rental premises" includes all of the following: (1) A tenant's rental unit. (2) The structure in which the tenant's rental unit is a part. As added by P.L.92-2002, SEC.2. IC 32-31-8-4 Effect of waiver of statute Sec. 4. A waiver of the application of this chapter by a landlord or tenant, by contract or otherwise, is void. As added by P.L.92-2002, SEC.2. IC 32-31-8-5 Landlord obligations Sec. 5. A landlord shall do the following: (1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition. (2) Comply with all health and housing codes applicable to the rental premises. (3) Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition. (4) Provide and maintain the following items in a rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into: (A) Electrical systems. (B) Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times. (C) Sanitary systems. (D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times. (E) Elevators, if provided. (F) Appliances supplied as an inducement to the rental agreement. As added by P.L.92-2002, SEC.2. IC 32-31-8-6 Tenant's cause of action to enforce landlord obligations Sec. 6. (a) A tenant may bring an action in a court with jurisdiction to enforce an obligation of a landlord under this chapter. (b) A tenant may not bring an action under this chapter unless the following conditions are met: (1) The tenant gives the landlord notice of the landlord's noncompliance with a provision of this chapter. (2) The landlord has been given a reasonable amount of time to make repairs or provide a remedy of the condition described in the tenant's notice. The tenant may not prevent the landlord from having access to the rental premises to make repairs or provide a remedy to the condition described in the tenant's notice. (3) The landlord fails or refuses to repair or remedy the condition described in the tenant's notice. (c) This section may not be construed to limit a tenant's rights under IC 32-31-3, IC 32-31-5, or IC 32-31-6. (d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following, if appropriate under the circumstances: (1) Recovery of the following: (A) Actual damages and consequential damages. (B) Attorney's fees and court costs. (2) Injunctive relief. (3) Any other remedy appropriate under the circumstances. (e) A landlord's liability for damages under subsection (d) begins when: (1) the landlord has notice or actual knowledge of noncompliance; and (2) the landlord has: (A) refused to remedy the noncompliance; or (B) failed to remedy the noncompliance within a reasonable amount of time following the notice or actual knowledge; whichever occurs first. As added by P.L.92-2002, SEC.2. IC 32-31-8-7 Owner or landlord not prohibited from refusing to rent based on reasonable occupancy standard; standard for presumption of reasonableness Sec. 7. (a) The residential landlord-tenant statute (as defined in IC 32-31-2.9-2) does not prohibit an owner or a landlord from refusing to rent a rental unit on the basis of a reasonable occupancy standard. (b) For purposes of this section, an occupancy standard is presumed reasonable if: (1) it permits two (2) individuals per bedroom; and (2) the owner or landlord: (A) does not include infants less than one (1) year of age in the individuals per bedroom count under subdivision (1); and (B) increases the number of individuals per unit by considering whether the configuration of a unit includes a: (i) den; (ii) library; (iii) finished basement; or (iv) loft; that could reasonably be used as a sleeping area, unless doing so would violate applicable state and local codes, including fire codes. (c) An owner or landlord is not required to consider a kitchen, dining room, living room, bathroom, hallway, or closet as a sleeping area. As added by P.L.266-2017, SEC.3.

IC 32-31-9-1 Application; waiver Sec. 1. (a) This chapter applies only to a rental agreement for a dwelling unit that is entered into or renewed after June 30, 2007. (b) This chapter applies to a landlord or tenant only with respect to a rental agreement for a dwelling unit that is entered into or renewed after June 30, 2007. (c) A waiver of this chapter by a landlord or current or former tenant, by contract or otherwise, is void. As added by P.L.22-2007, SEC.2. IC 32-31-9-2 Applicability of definitions Sec. 2. Except as otherwise provided in this chapter, the definitions in IC 32-31-3 apply throughout this chapter. As added by P.L.22-2007, SEC.2. IC 32-31-9-3 "Applicable offense" Sec. 3. As used in this chapter, "applicable offense" refers to any of the following: (1) A crime involving domestic or family violence (as defined in IC 35-31.5-2-76). (2) A sex offense under IC 35-42-4. (3) Stalking under IC 35-45-10. As added by P.L.22-2007, SEC.2. Amended by P.L.114-2012, SEC.56. IC 32-31-9-4 "Applicant" Sec. 4. As used in this chapter, "applicant" means an individual who applies to a landlord to enter into a lease of a dwelling unit. As added by P.L.22-2007, SEC.2. IC 32-31-9-5 "Dwelling unit" Sec. 5. As used in this chapter, "dwelling unit" has the meaning set forth in IC 32-31-5-3. As added by P.L.22-2007, SEC.2. IC 32-31-9-6 "Perpetrator" Sec. 6. As used in this chapter, "perpetrator" means an individual who: (1) has been convicted of; or (2) for purposes of a civil protection order, has been determined to have committed; an applicable offense. As added by P.L.22-2007, SEC.2.

IC 32-31-9-7 "Protected individual" Sec. 7. As used in this chapter, "protected individual" means a tenant or applicant: (1) who is: (A) a victim; or (B) an alleged victim; of an applicable offense; and (2) who has received either of the following: (A) A civil order for protection issued or recognized by a court under IC 34-26-5 that restrains a perpetrator from contact with the individual. (B) A criminal no contact order that restrains a perpetrator from contact with the individual. As added by P.L.22-2007, SEC.2. IC 32-31-9-8 Lease protections; prohibition of retaliation by landlord Sec. 8. (a) A landlord may not terminate a lease, refuse to renew a lease, refuse to enter into a lease, or retaliate against a tenant solely because: (1) a tenant; (2) an applicant; or (3) an individual who is a member of the tenant's or applicant's household; is a protected individual. (b) A landlord may not refuse to enter into a lease with an applicant or retaliate against a tenant solely because: (1) the tenant; (2) the applicant; or (3) an individual who is a member of the tenant's or applicant's household; has terminated a rental agreement as a protected individual under section 12 of this chapter. As added by P.L.22-2007, SEC.2. IC 32-31-9-9 Change of lock requirements Sec. 9. (a) This section applies if a perpetrator who is restrained from contact with the tenant referred to in subsection (b) under an order referred to in section 7(2)(A) or 7(2)(B) of this chapter is not a tenant of the same dwelling unit as the tenant referred to in subsection (b). (b) A landlord shall change the locks of a tenant's dwelling unit upon the written request of the tenant not later than forty-eight (48) hours after the tenant gives the landlord a copy of a court order referred to in section 7(2) of this chapter, and shall give a key to the new locks to the tenant. As added by P.L.22-2007, SEC.2. IC 32-31-9-10 Change of lock requirements if a court issues a protection or restraining order Sec. 10. (a) Thissection applies if the perpetrator who is restrained from contact with the tenant referred to in subsection (b) under an order referred to in section 7(2)(A) or 7(2)(B) of this chapter is a tenant of the same dwelling unit as the tenant referred to in subsection (b). (b) A landlord shall change the locks of a tenant's dwelling unit, upon the written request of the tenant, not later than twenty-four (24) hours after the tenant provides the landlord with a copy of a court order referred to in section 7(2) of this chapter restraining the perpetrator referred to in subsection (a) from contact with the tenant, and shall give a key to the new locks to the tenant. (c) Unless the court order provided to the landlord under subsection (b) allows the perpetrator to return to the dwelling unit to retrieve the perpetrator's personal property, a landlord to whom subsection (b) applies may not by any act provide the perpetrator access to the dwelling unit. (d) A landlord to whom subsection (b) applies is immune from civil liability for: (1) excluding the perpetrator from the dwelling unit under a court order; or (2) loss of use of or damage to personal property while the personal property is present in the dwelling unit. (e) A perpetrator who has been excluded from a dwelling unit under thissection remains liable under the lease with all other tenants of the dwelling unit for rent or damages to the dwelling unit as provided in the lease. As added by P.L.22-2007, SEC.2. IC 32-31-9-11 Reimbursement for lock changes; key requirements Sec. 11. (a) A tenant who provides notice or a copy of a court order under section 9 or 10 of this chapter shall reimburse the landlord for the actual expense incurred by the landlord in changing the locks. (b) If a landlord failsto change the locks within the time set forth in section 9(b) or 10(b) of this chapter, the tenant may change the locks without the landlord's permission, and the landlord shall reimburse the tenant for the actual expense incurred by the tenant in changing the locks. (c) If a tenant changes the locks of the tenant's dwelling unit under subsection (b), the tenant shall give a key to the new locks to the landlord not later than twenty-four (24) hours after the locks are changed. As added by P.L.22-2007, SEC.2. IC 32-31-9-12 Termination of rental agreements by protected individuals; written notices; liability Sec. 12. (a) A protected individual who is a tenant may terminate the protected individual's rights and obligations under a rental agreement by providing the landlord with a written notice of termination in compliance with this section. (b) A protected individual must give written notice of termination under this section to the landlord at least thirty (30) days before the termination date stated in the notice. (c) The written notice required by this section must include: (1) a copy of: (A) a civil order for protection issued or recognized by a court under IC 34-26-5 that restrains a perpetrator from contact with the protected individual; or (B) a criminal no contact order that restrains a perpetrator from contact with the protected individual; and (2) if the protected individual is a victim of domestic violence or sexual assault, a copy of a safety plan, which must satisfy the following: (A) The plan must be dated not more than thirty (30) days before the date on which the protected individual provides the written notice to the landlord under thissection. (B) The plan must be provided by an accredited domestic violence or sexual assault program. (C) The plan must recommend relocation of the protected individual. (d) If a protected individual's rights and obligations under a rental agreement are terminated under thissection, the protected individual is liable for the rent and other expenses due under the rental agreement: (1) prorated to the effective date of the termination; and (2) payable at the time when payment of rent would have been required under the rental agreement. A protected individual whose rights and obligations under a rental agreement are terminated under this section is not liable for any other rent or fees that would be due only because of the early termination of the protected individual's rights and obligations under the rental agreement. If a protected individual terminates the rental agreement at least fourteen (14) days before the protected individual would first have the right to occupy the dwelling unit under the lease, the individual is not subject to any damages or penalties. (e) Notwithstanding section 13 of this chapter, a protected individual is entitled to deposits, returns, and other refunds as if the tenancy terminated by expiring under the terms of the rental agreement. As added by P.L.22-2007, SEC.2. IC 32-31-9-13 Rights and obligations of other adult tenants Sec. 13. Notwithstanding: (1) the termination of a protected individual's rights and obligations under a rental agreement under this chapter; or (2) the exclusion of a perpetrator of an applicable offense from a dwelling unit under this chapter; the rights and obligations of other adult tenants of the dwelling unit under the rental agreement continue unaffected. A landlord is not obligated to return or account for any security deposit associated with the rental agreement until forty-five (45) days after the tenancy of all tenants has terminated. As added by P.L.22-2007, SEC.2. IC 32-31-9-14 Liability of a perpetrator who is a tenant Sec. 14. A perpetrator who is a tenant and who is excluded from a dwelling unit under a court order remains liable under the lease with other tenants of the dwelling unit for rent and for the cost of damages to the dwelling unit. As added by P.L.22-2007, SEC.2. IC 32-31-9-15 Landlord or agent liability Sec. 15. This chapter does not make a landlord or the agent of a landlord liable for the actions of a perpetrator or a third party. As added by P.L.22-2007, SEC.2.